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Book Review: European Defence Procurement Law , by Martin Trybus. (Kluwer Law International, The Hague, 1999)

Book Review: European Defence Procurement Law , by Martin Trybus. (Kluwer Law International, The... BOOK REVIEWS Martin Trybus, European Defence Procurement Law: International and National Procurement Systems as Models for a Liberalised Defence Procurement Market in Europe (Kluwer Law International, The Hague, 1999) ISBN 9041111670, pb £59.25 For some years, Western European states have been considering a move towards greater cooperation in defence, for a number of political and strategic reasons. While such developments are rather more political than legal, any significant move towards further defence cooperation will necessarily entail cooperation regarding the defence industry, and in particular defence procurement. A procurement regime would necessarily have to be established to a large extent by detailed and legally enforceable rules, but the complicated nature of the subject means that the rules have been and will be difficult to agree. Martin Trybus' book, based on his PhD dissertation, is an exceptionally comprehensive analysis of this important subject. The book's five parts comprise twelve chapters. Part One covers the historical, economic, political and institutional context of Europe-wide defence procurement. This examines, in detail, various initiatives that have failed to result in significant progress, and outlines further initiatives planned for the future, placing them within a framework of competing models. Part Two covers the existing `Western European Armaments Group', which has recently tried to set up a defence purchasing regime. Here Trybus demonstrates convincingly that the attempts of this group have failed and could not, given their limitations, have been expected to succeed. Part Three covers EC rules on public procurement, analyzing in turn the EC rules on public supplies (Chapter 3), utilities procurement (Chapter 4) and the connected issues of competition law and exports (Chapter 5). Trybus concludes from this analysis that the EU rules on utilities procurement, competition law and exports are viable models that could in principle be adapted to suit the particular needs of a defence procurement regime. Part Four (Chapters 6±8) considers in turn the national procurement regimes of France, Germany and the United Kingdom. A detailed comparative analysis indicates the different extent of regulation and discretion within each of these national systems. Finally, Part Five (Chapters 9±12), the heart of the book, outlines what, in the author's view, a comprehensive code for European defence procurement should look like. The discussion in these chapters covers the scope and principles that should govern a regime, the applicable award procedures and the rules on enforcement and remedies. Trybus concludes that an EC-wide regime for defence procurement is a viable prospect. Indeed, the defence industries of the EU will continue to suffer from the lack of such a regime. A regime could be established inside or outside the EU framework, with the qualities of directly effective Community law, of an EU foreign policy measure or of an international treaty; the author prefers the former option. Flanking rules on competition, subsidies and exports would have to be devised, and it would be best to utilize the EC rules already applying to those issues, with some necessary adaptations. EUROPEAN PUBLIC LAW So far, there has been so little progress towards an EU-wide arms market, and thus this book is several years ahead of its time. Nonetheless, the EU will probably make a more concerted effort to develop a defence procurement regime in the years to come. At that point, this book will be the definitive background text for anyone seeking to understand or analyze the issues. It covers much ground, clearly analyzing national, Community and international procurement regimes and related matters in comprehensive detail, and moreover suggests a new regime devised by the author that could answer the questions posed by the development of EU policies in this field. The book is certain to be of great interest to anyone with an interest in the regulation or the operation of the European defence industry, the industrial aspects of the EU's Common Foreign and Security Policy or the issue of public procurement. It will also be of interest to many specialists in EC competition law and commercial policy, particularly if serious moves towards an EU defence procurement system are set in motion. Due to its breadth of coverage and extensive analysis, it is likely to be the leading work on the topic until an EU regime is developed. At that point, we can only hope for a second edition of Trybus' excellent book. Steve Peers University of Essex http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Book Review: European Defence Procurement Law , by Martin Trybus. (Kluwer Law International, The Hague, 1999)

European Public Law , Volume 9 (1) – Feb 1, 2003

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Abstract

BOOK REVIEWS Martin Trybus, European Defence Procurement Law: International and National Procurement Systems as Models for a Liberalised Defence Procurement Market in Europe (Kluwer Law International, The Hague, 1999) ISBN 9041111670, pb £59.25 For some years, Western European states have been considering a move towards greater cooperation in defence, for a number of political and strategic reasons. While such developments are rather more political than legal, any significant move towards further defence cooperation will necessarily entail cooperation regarding the defence industry, and in particular defence procurement. A procurement regime would necessarily have to be established to a large extent by detailed and legally enforceable rules, but the complicated nature of the subject means that the rules have been and will be difficult to agree. Martin Trybus' book, based on his PhD dissertation, is an exceptionally comprehensive analysis of this important subject. The book's five parts comprise twelve chapters. Part One covers the historical, economic, political and institutional context of Europe-wide defence procurement. This examines, in detail, various initiatives that have failed to result in significant progress, and outlines further initiatives planned for the future, placing them within a framework of competing models. Part Two covers the existing `Western European Armaments Group', which has recently tried to set up a defence purchasing regime. Here Trybus demonstrates convincingly that the attempts of this group have failed and could not, given their limitations, have been expected to succeed. Part Three covers EC rules on public procurement, analyzing in turn the EC rules on public supplies (Chapter 3), utilities procurement (Chapter 4) and the connected issues of competition law and exports (Chapter 5). Trybus concludes from this analysis that the EU rules on utilities procurement, competition law and exports are viable models that could in principle be adapted to suit the particular needs of a defence procurement regime. Part Four (Chapters 6±8) considers in turn the national procurement regimes of France, Germany and the United Kingdom. A detailed comparative analysis indicates the different extent of regulation and discretion within each of these national systems. Finally, Part Five (Chapters 9±12), the heart of the book, outlines what, in the author's view, a comprehensive code for European defence procurement should look like. The discussion in these chapters covers the scope and principles that should govern a regime, the applicable award procedures and the rules on enforcement and remedies. Trybus concludes that an EC-wide regime for defence procurement is a viable prospect. Indeed, the defence industries of the EU will continue to suffer from the lack of such a regime. A regime could be established inside or outside the EU framework, with the qualities of directly effective Community law, of an EU foreign policy measure or of an international treaty; the author prefers the former option. Flanking rules on competition, subsidies and exports would have to be devised, and it would be best to utilize the EC rules already applying to those issues, with some necessary adaptations. EUROPEAN PUBLIC LAW So far, there has been so little progress towards an EU-wide arms market, and thus this book is several years ahead of its time. Nonetheless, the EU will probably make a more concerted effort to develop a defence procurement regime in the years to come. At that point, this book will be the definitive background text for anyone seeking to understand or analyze the issues. It covers much ground, clearly analyzing national, Community and international procurement regimes and related matters in comprehensive detail, and moreover suggests a new regime devised by the author that could answer the questions posed by the development of EU policies in this field. The book is certain to be of great interest to anyone with an interest in the regulation or the operation of the European defence industry, the industrial aspects of the EU's Common Foreign and Security Policy or the issue of public procurement. It will also be of interest to many specialists in EC competition law and commercial policy, particularly if serious moves towards an EU defence procurement system are set in motion. Due to its breadth of coverage and extensive analysis, it is likely to be the leading work on the topic until an EU regime is developed. At that point, we can only hope for a second edition of Trybus' excellent book. Steve Peers University of Essex

Journal

European Public LawKluwer Law International

Published: Feb 1, 2003

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